Orissa High Court
Tapan Kumar Samal & Ors vs State Of Odisha & Anr. .... Opposite ... on 5 March, 2025
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 5807 of 2025
Tapan Kumar Samal & Ors. .... Petitioners
Mr. D.N. Rath, Advocate
-versus-
State of Odisha & Anr. .... Opposite Parties
Mr. S.K. Jee, AGA
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
05.03.2025
Order No
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical) Mode.
2. Heard.
3. The Petitioners have filed this application seeking direction to
the opposite parties to treat the petitioners at par with the
employees of other aided educational institutions, who have been
extended with grant-in-aid in accordance with grant-in-aid order
1994 and accordingly to extend all benefits as applicable to the
aided educational institutions within the meaning of section 3 (b)
of the Orissa Education Act such as Earned Leaves as prescribed
under Rule-9 of 1977 Rules, Extra ordinary leaves as prescribed
under Rule-12 of 1977 Rules as well as Study Leaves as
prescribed under Rule 13 of 1977 Rules and other benefits as
provided under 1977 Rules, Pension Rules, GPF Rules, since the
same facilities and benefits which were given to the other
institutions, which were notified under Section 3 (b) of the
Orissa Education Act pursuant to the Grant-in-Aid order, 1994.
// 2 //
4. Learned counsel for the Petitioners contended that since the
petitioners are working in an educational institution receiving
block grant, in view of the judgment passed in Ritanjali Giri @
Paul v. State of Odisha (School & M.E. Deptt.) & others, 2016
(I) ILR-1162 wherein this Court has already held that the legal
heirs of deceased employees of educational institutions receiving
block grant are entitled to get compassionate appointment,
pursuant to which the Government of Odisha in the Department
of School & Mass Education has issued a circular on 01.08.2019
granting benefit of compassionate appointment to the legal heirs
of the deceased employees working in fully aided educational
grant-in-aid (New)/block grant, therefore, other benefits as
claimed in the writ application should be extended to the
petitioners.
5. Learned Standing Counsel for School and Mass Education
Department contended that in view of law laid down in Ritanjali
Giri @ Paul (supra) although benefit of compassionate
appointment to the legal heirs of the deceased employees of
educational institutions receiving block grant has already been
extended by the State Government, pursuant to letter dated
01.09.2019, but so far as other claims as made in this writ
application, the petitioners are not entitled to get the same, as
because the benefit of Grant-in-Aid Order, 1994 was denied by
this Court in State of Odisha v. Sri Lokanath Behera, 2018 (II)
OLR 932, which has been confirmed by the apex Court in Civil
Appeal No. 7295 of 2019 arising out of SLP(C) No. 8343 of
2019 disposed of on 16.09.2019.
// 3 //
6. Considering the contentions raised by learned counsel for the
parties and after going through the record, this Court is of the
considered view that since the benefit of compassionate
appointment to the legal heirs of deceased employees of
educational institutions receiving block grant has already been
extended by the authority, vide circular dated 01.08.2019,
therefore, without expressing any opinion on the merits of the
case, the matter is remitted back to the authority concerned for
consideration with regard to extension of other benefits as
claimed in the writ application taking into account the ratio
decided in Ritanjali Giri @ Paul (supra) within a period of four
months from the date of communication of this order. Needless
to mention, if it is found that the petitioner is entitled to get all
the benefits, as claimed in the writ application in consonance
with the law laid down in Ritanjali Giri @ Paul (supra), the
same shall be granted within the time stipulated.
7. The writ petition is thus disposed of.
(Biraja Prasanna Satapathy)
Judge
Sangita
Reason: authentication of order
Location: high court of orissa, cuttack
Date: 05-Mar-2025 17:12:07
